1. Field of the Invention
The invention relates to the fields of soil treatment, insecticides, commodity fumigation, and structural fumigation.
Before crops are planted, the soil is chemically treated. Soil treatments sterilize the soil, killing the vast majority of organism. By eliminating pests and disease, crop yields are increased.
Insecticides are used to control insect populations in areas such as crops, homes, and food storage areas.
Commodity fumigation is the sterilization of food during transportation and storage. Most commodities must be fumigated during importation and quarantine.
Structural fumigation is the sterilization of buildings. Structural fumigation also includes sterilizing a site of future construction.
2. Description of the Related Art Including Information Disclosed under 37 CFR 1.97 and 1.98
Currently, the most effective substance for soil treatment is methyl bromide. Methyl bromide is used in the control of pest insects, nematodes, weeds, pathogens, and rodents. In the United States, about 27,000 tons of methyl bromide is used annually in agriculture, primarily for soil fumigation, as well as for commodity and quarantine treatment, and structural fumigation. Globally, about 76,000 tons of methyl bromide are used each year.
When used as a soil treatment, methyl bromide is injected into the soil at a depth of 12 to 24 inches before a crop is planted. This will effectively sterilize the soil, killing the vast majority of soil organisms. Immediately after the methyl bromide is injected, the soil is covered with plastic tarps that hold most of the methyl bromide in the soil. The tarps are removed 24 to 72 hours later.
After the tarps are removed, much of the methyl bromide leaves the soil. The EPA estimates that about 50% to 95% of the methyl bromide in the soil eventually enters the atmosphere.
While methyl bromide in large doses can result in damage to the human nervous system and respiratory system, the greatest danger poised by methyl bromides is the damage to the ozone layer. According to the 1994 Assessment of Ozone Depletion, the Ozone Depletion Potential (ODP) of methyl bromide has been assessed to be 0.6. This makes the ODP of the methyl bromide fifty times more effective at destroying ozone than CFC's on a per molecule basis.
According to the Clean Air Act (1990 Amendments), all substances with an ODP of 0.2 or greater are to be phased out in the United States. This means that methyl bromide is being phased out. Starting Jan. 1, 2001, the EPA will prohibit the production and importation of methyl bromide in the United States. Other nations such as the Netherlands and Denmark will ban the use of methyl bromide in 1998. In addition, 160 countries have signed the Montreal Protocol, a treaty calling for the levels of ozone-depleting chemicals to be frozen at 1991 levels. Finally, the EPA is lobbying for nations to stop using methyl bromide all together.
In light of the environmental problems with methyl bromide, and the continuing need for a soil treatment, an environmentally safe chemical alternative has been sought. One broad group of naturally occurring products are plants with heat components such as peppers.
In the prior art, other uses and composition involving the heat components, mustard oil, and citrus extracts have been suggested. These compositions never combine all of the active ingredients. In addition they do not provide methods of using a composition made by combining heat components, mustard oil, and citrus extracts.
In U.S. Pat. No. 4,455,304, Yaralian disclosed a composition for repelling animals having capsicum and finely divided garlic along with other inert ingredients. This patent only involves compositions made with garlic together with cayenne pepper, a pungent pepper fruit borne by plants of the genus Capsicum. The patent also discloses a method of using said composition. The patent makes no mention of capsaicin with allyl isothiocyante, and lemon oil, in addition to inert ingredients. The disclosed method did not involve soil treatment.
In U.S. Pat. No. 4,440,783, Downing discloses a composition for warding off of animals such as racoons, dogs and the like from garbage. The composition combines isothiocyanates with lemon grass oil. The patent does not disclose the use of capsaicin with the other ingredients. The composition does not involve a wetting agent (surfactant) and the method does not involve soil treatment.
In U.S. Pat. No. 5,525,597, Hainrihar,et. al., disclose an insecticide that combines normally-employed insecticides along with an activity-enhancing amount of capsaicin. The active ingredient in this formulation is the insecticide. The capsaicin ingredient used only enhances the active ingredient and is not active itself.
In U.S. Pat. No. 5,240,708, Plumer, et. al., disclose a method for preparing a solution that can be used to discourage spiders, insects, and the like. The disclosed composition involve the use of capsicum agents in conjunction with soaps, acetic acid, and anise. The compositions disclosed are incompatible with soil treatment because the soaps, acetic acid, and levels of capsicum in the disclosed composition would also kill any plants that would be planted in the soil.
In U.S. Pat. No. 5,674,496, Etscorn discloses a method of extracting capsaicinoids from peppers and then incorporating the extract in polymers. Etscorn never discloses combining capsaicinoids with other active ingredients. In addition, the method of using the composition as soil treatment is not contemplated by Etscorn.